The Texas Higher Education Coordinating Board (Coordinating Board) adopts new rules in Chapter 4, Subchapter B, §§4.21 - 4.38, Transfer of Credit, Core Curriculum and Field of Study, with changes to the proposed text as published in the January 15, 2021, issue of the Texas Register (46 TexReg 427). The rules will be republished.

In conjunction with this rulemaking, the Coordinating Board repealed Chapter 27 of the Board Rules that previously implemented the advisory committee requirements of §61.823, and replaced that chapter with a new Chapter 1, Subchapter V. The Board repealed Chapter 4, Subchapter B, and adopted new rules as detailed below. The Coordinating Board adopted Chapter 4, Subchapter B, rules 4.21, 4.24, 4.26, 4.28-4.31 with changes to current rules which are repealed. Rule 4.37 is renumbered without changes from current §4.35 which is repealed. Rule 4.38 as amended is renumbered with only typographical corrections from current §4.36 which is repealed. The Board made revisions at adoption to §4.23(7) to clarify the elements of the Field of Study curriculum and align the definition with that of newly-adopted rule 1.238(8).

Agency staff conducted more than twenty-four meetings, over a span of six months, using an informal stakeholder workgroup to develop a conceptual framework for both the substantive revisions of rules governing Field of Study Curriculum and transfer of credit between institutions. The stakeholder workgroup was composed of an equal number of representatives from public junior colleges and general academic teaching institutions. The adopted rules in this subchapter and the adopted Texas Transfer Advisory Committee rules in Title 19, Chapter 1, Subchapter V, address longstanding challenges in the transfer system to enable students to earn and reliably transfer credits among institutions of higher education. These rules create additional certainty for students and institutions toward the goal of reducing the cost of higher education for Texas families.

The Coordinating Board adopted a new advisory committee structure to implement Texas Education Code §61.823 that utilizes one advisory committee (the new Texas Transfer Advisory Committee or "TTAC") that works with the assistance of subcommittees to lend expertise and make recommendations to the Texas Transfer Advisory Committee on courses that should be included in Discipline Foundation Courses, selected discipline-relevant Texas Core Curriculum courses, and the development of the Field of Study Curricula.

The Texas Transfer Advisory Committee is composed of an equal number of representatives from groups representing public junior colleges and general academic teaching institutions, not to exceed a total of 24 members. A quorum of the Texas Transfer Advisory Committee is defined as a majority of members from each group. The Texas Transfer Advisory Committee will convene Discipline-Specific Subcommittees to recommend Discipline Foundation Courses in each Field of Study Curriculum that the Texas Transfer Advisory Committee proposes to develop and recommend to the Commissioner of Higher Education. The Texas Transfer Advisory Committee must have a super-majority of the representatives of each of the public junior colleges and general academic teaching institutions in order to recommend a Field of Study Curriculum to the Commissioner for approval. The TTAC may vote by simple majority to send a proposed Field of Study Curriculum back to the subcommittee for revision if they do not vote to approve it as proposed.

The Field of Study Curriculum is composed of three components that together will fulfill the requirement of Education Code §61.823: discipline-relevant courses selected from the existing Texas Core Curriculum, the Discipline Foundation Courses, and Directed Electives. With the assistance of the Discipline-Specific Subcommittees, the TTAC will develop and recommend the set of recommended discipline-relevant Texas Core Curriculum courses and the Discipline Foundation Courses to the Commissioner.

The Discipline Foundation Courses are a set of courses within a major course of study, consisting of up to twelve (12) semester credit hours, selected for inclusion in a Field of Study Curriculum for that discipline. These courses will apply toward undergraduate degrees within the Field of Study Curriculum at all Texas public institutions that offer a corresponding major or track, except for those institutions approved to require alternative Discipline Foundation Courses under Title 19, Chapter 4, Subchapter B, §4.35.

Directed Electives are a set of courses that apply toward a major course of study within a Field of Study Curriculum at a specific general academic teaching institution. The Directed Electives for each Field of Study Curriculum must consist of at least six (6) semester credit hours. The Directed Electives and Discipline Foundation Courses components combined may not exceed eighteen (18) semester credit hours in total. Each institution will submit its Directed Electives to the Board in addition to posting them on the institution's website. This established list and its publication will allow students to ensure that they can enroll in courses that are applicable to a bachelor’s degree. The publication requirements allow a general academic teaching institution to assist transfer students in becoming well-prepared to complete the institution's upper-division course work and earn a degree. By creating a definite list of Discipline Foundation Courses, and combining those with the selected discipline-relevant Texas Core Curriculum, and a published set of Directed Electives for each Field of Study Curriculum at a receiving institution, the Board anticipates the reliability of transfer and certainty for students and sending institutions will be greatly improved. The collaborative process, which includes super-majority voting requirements, creates the opportunity for two- and four-year institutions to work together to improve outcomes and ultimately reduce cost for Texas students. The rules also revise the credit transfer dispute resolution process by improving transparency for students about the procedure and allowing students or sending institutions to appeal to the Commissioner as an option of last resort.

Each general academic teaching institution will determine whether a student is Field of Study Curriculum complete. Each general academic teaching institution must transfer the credit and substitute that block of courses for that institution's lower-division courses upon enrollment of a student who is Field of Study Curriculum complete. A student who is Field of Study Curriculum complete can then move on to the upper-division courses required of students native to that institution. The rules meet the requirement of Texas Education Code §61.823, by requiring a general academic teaching institution to transfer applicable credits for partial completion of a Field of Study Curriculum upon enrollment of a transfer student.

The adopted rules also provide for a data-driven evaluation process by requiring institutions to report certain data to the Coordinating Board so that the institution and the Board can determine whether and how the new processes and Field of Study Curricula improve transfer pathways in Texas over time.

Rule 4.21 is adopted without changes to current §4.21 which is repealed.

Rule 4.22 reflects new adopted provisions governing Field of Study Curricula.

Rule 4.23 includes definitions for terms used in Chapter 4, Subchapter B, and cross-referenced to Chapter 1, Subchapter V.

Rule 4.23(4) "Directed Electives" is defined as at least six credit hours that each general academic teaching institution may require as one component of Field of Study Curriculum for completion at that institution. The general academic teaching institution must publish the Directed Electives on its website and cross-list the courses using the Texas Common Course Numbering System course number. These courses are limited to those in the Lower-Division Academic Course Guide Manual.

Rule 4.23(5) defines "Discipline Foundation Courses" as courses within a major course of study that form one component of Field of Study Curriculum. Each institution must apply the credits toward the student's corresponding major or track offered by the institution for that Field of Study.

Rule 4.23(6) defines "Discipline-Specific Subcommittee" as a subcommittee formed by the Texas Transfer Advisory Committee (TTAC). These subcommittees are charged with recommending to the TTAC courses that should be included in a Field of Study Curriculum developed by TTAC.

Rule 4.23(7) implements Field of Study Curriculum set out in Education Code §61.823. The Field of Study Curriculum has three components: (a) selected discipline-relevant Texas Core Curriculum courses, (b) the Discipline Foundation Courses, and (c) the Directed Electives. Each receiving institution must apply the credit for any Field of Study Curriculum courses completed by the student to the required coursework for the degree program to the corresponding degree program offered by the receiving institution.

Rule 4.23(8) and (9) defines types of institutions of higher education to conform to Education Code §61.003.

Rule 4.23(11) defines the new Texas Transfer Advisory Committee (TTAC), which replaces the advisory committees in Chapter 27, being repealed in conjunction with this rulemaking. The TTAC has responsibility for advising the Commissioner on Field of Study Curricula, including their establishment and revision. The TTAC may request to form a Discipline-Specific Committee to assist in the development of a Field of Study Curriculum.

Rule 4.24 is adopted without changes to current §4.24 which is repealed.

Rule 4.25 is adopted and relates to general transfer of credit requirements and prohibitions.

Rule 4.26 is adopted without changes to current §4.26 which is repealed.

Rule 4.27 provides clarity and specificity around the resolution of credit transfer disputes among institutions. The rules require a receiving institution that proposes to deny a student's transfer credits to provide notice to the student and under certain timelines. If the sending and receiving institutions are unable to resolve the dispute, the student or the sending institution may appeal to the Commissioner. The Commissioner or his designee will make the final determination about the transfer of credit. Each institution must publish the transfer credit dispute process in its course catalog. The Board is required to keep and track data on transfer credit dispute resolutions.

Rules 4.28-4.31 governing the Texas Core Curriculum are adopted without changes to current rules 4.28-4.31 which are repealed.

Rule 4.32 as adopted describes the creation and implementation of Field of Study Curricula in detail. The rule provides that the Commissioner will appoint the TTAC and the TTAC may request the assistance of a Discipline-Specific Subcommittee to assist the Texas Transfer Advisory Committee. The TTAC will recommend a new Field of Study Curriculum to the Commissioner who is authorized to approve or deny the Field of Study Curriculum. Consistent with §4.23(7), the rule sets out the three components of a new Field of Study Curriculum and sets out the mandatory provisions of the Discipline Foundation Courses and Directed Electives. Subsection (b)(2)(E) creates a process by which a general academic teaching institution may seek approval from the Commissioner to create an alternative list of Discipline Foundation Courses for the institution in exceptional circumstances, specified in the rule. The rule sets out the process for approval of the alternative Discipline Foundation Courses. This rule sets out the requirements for reporting and publication of the Discipline Foundation Courses.

Subsection (b)(3) describes the process governing an institution's selection, reporting, and publication of its Directed Electives. The rule specifies that each institution must have at least six hours of Directed Electives for each Field of Study Curriculum and that the Directed Electives and Discipline Foundation Courses must total eighteen (18) credit hours for each institution.

Subsection (c), as adopted, provides that a receiving general academic teaching institution shall determine whether a transfer student is Field of Study Curriculum complete upon the transfer student's enrollment. If a student successfully completes an approved Field of Study Curriculum, a general academic teaching institution must substitute that block of courses for the receiving institution's lower-division requirements for the degree program for the corresponding Field of Study Curriculum into which the student transfers.

Subsection (d) describes the acceptance and application of credit when a student has achieved only partial completion of a Field of Study Curriculum prior to enrollment in a receiving general academic teaching institution.

The rule sets out the requirements for publication of the Field of Study Curricula and transcription requirements.

Subsection (g) of the adopted rule establishes transition provisions that govern the expiration of Field of Study Curricula and how institutions should "teach out" students who, on or before August 31, 2022, have earned credit in a Field of Study Curriculum that exists on March 1, 2021.

Rule 4.33 as adopted sets out the process for approval of the Field of Study Curricula, including Texas Transfer Advisory Committee's use of Discipline-Specific Subcommittees, the TTAC's process for voting on approval to recommend a Field of Study Curriculum to the Commissioner and the Commissioner's authority to approve or deny the Field of Study Curriculum.

The rule provides that the Texas Transfer Advisory Committee's approval of a Field of Study Curriculum requires approval by a supermajority vote of two-thirds of the general academic teaching institution representatives who are present and voting and two-thirds of the public junior college representatives who are present and voting.

The rule as adopted also creates a process for the Commissioner to provide informal notice and receive comments from affected institutions prior to approving or denying the Field of Study Curricula recommended by the TTAC. The Commissioner will report to the Board all Field of Study Curricula the Commissioner has approved or denied since the last quarterly Board meeting. The Commissioner will provide an annual report to the TTAC on all Field of Study Curricula that the Commissioner approved during the prior year.

Rule 4.34 specifies the conditions upon which the Commissioner will consider and modify or revise a Field of Study Curriculum.

Rule 4.35 sets out the process by which a general academic teaching institution may petition the Commissioner to create an alternative list of Discipline Foundation Courses for the institution in exceptional circumstances, specified in the rule. The rule sets out the process for approval of the alternative Discipline Foundation Courses. This rule sets out the requirements for reporting and publication of the alternative Discipline Foundation Courses. The Commissioner will consider a petition for alternative Discipline Foundation Courses (DFC) not later than 30 days after receiving the report from TTAC. The Commissioner will inform the Board and maintain on the Board's website a list of approved alternative DFC.

Rule 4.36 adopted the provisions of §4.33 which is repealed. This provision requires institutions of higher education to submit evaluations of the transfer policies, including data on the degree programs that have Field of Study Curricula, credit transfer data, and advising practices. The data must include: a chart or table showing the number of total transfer students for each degree program that has a Board-approved Field of Study Curriculum for each of the last five years; the chart should indicate year-by-year the percentage of students who transferred having completed the applicable Field of Study Curriculum; the percentage of students who transferred without having completed the applicable Field of Study Curriculum; and any information about progress toward graduation or graduation rates that can compare transfer student performance with non-transfer student performance during the evaluation period.

Subsection (c) of the rule sets out requirements for the TTAC to create a schedule for review of Field of Study Curricula.

Rule 4.37 as adopted is renumbered without changes from §4.35 which is repealed.

Rule 4.38 as adopted is renumbered with only typographical corrections from §4.36 which is repealed.

The following comment(s) were received regarding the adoption of the new rules.

Comment: The University of North Texas (UNT) raised several concerns related to the proposed rules. They correctly identified differences in the definition of the Field of Study Curriculum. They asked that the definition of a Field of Study Curriculum be clarified. In Chapter 1.238(8) the Field of Study Curriculum is defined as a set of courses that satisfy baccalaureate degree requirements and in Chapter 4.23(7) the definition of Field of Study Curriculum is further defined as a set of courses that will satisfy the lower-division requirements and identifies the three components of a Field of Study Curriculum. They suggested aligning the definitions and requested clarification that the Field of Study Curriculum under the revised Texas Transfer Framework would allow a student to fulfill a Field of Study Curriculum without necessarily completing the core curriculum or completing all lower-division courses.

Similar comments were received via phone conversations and email that relayed the same concern, specifically related to the discipline of Music.

Response: The Coordinating Board agrees that the definitions presented in Chapter 1.238(8) and 4.23(7) differ and agree to revise the rules to align. Staff also agree that some disciplines may not benefit from the Texas Transfer Framework and the Texas Transfer Advisory Committee would decide which disciplines to develop Fields of Study under the proposed Texas Transfer Framework.

The following revisions to Chapter 1 and Chapter 4 will align the differences, as follows:

Chapter 1.238(8) Field of Study Curriculum--a set of courses that will satisfy lower-division requirements for an academic major at a general academic teaching institution, as defined in Title 19, Chapter 4, Subchapter B, §4.23(7).

Chapter 4.23(7) Field of Study Curriculum-- Field of Study Curriculum--a set of courses that will satisfy lower-division requirements for an academic major at a general academic teaching institution. The Field of Study Curriculum has three components: (a) selected discipline-relevant Texas Core Curriculum courses, (b) the Discipline Foundation Courses, and (c) the Directed Electives.

Comment: The University of North Texas pointed out that the proposed Transfer Framework allowed for additional lower-division courses upon transfer to a four-year institution.